An estimated 34,000 workers, many of whom have uprooted their lives to care for the nation’s most vulnerable, are grappling with uncertainty as their employers’ sponsor licences have been revoked. These revocations, often due to non-compliance with stringent Home Office rules, leave sponsored workers in a precarious position with their futures hanging in the balance. Let’s unpack the ripple effects of this issue, from visa curtailments to potential pathways forward, and explore new proposals that could offer a lifeline.
What Happens When a Sponsor Licence is Revoked?
When a sponsor loses its licence, all visas linked to that sponsor are at risk of being curtailed. UK Visas and Immigration (UKVI) will typically give affected individuals 60 days (or until the visa expiry date, whichever is sooner) to find a new sponsor or leave the UK. This period allows individuals to explore their options, but for those unable to secure alternative sponsorship, their immigration status becomes precarious.
Visa Curtailment: The 60-Day Countdown
Once a visa is curtailed, the clock starts ticking. Workers receive a letter from the Home Office specifying the new expiry date of their leave. During this period, they can no longer work for their original employer, as the revoked licence strips the legal basis for their employment. This sudden loss of income can be devastating, particularly for those supporting families in the UK or abroad. The options are stark: find a new sponsor willing to issue a Certificate of Sponsorship (CoS), apply for a different visa, or prepare to depart.
Section 3C: A Temporary Lifeline
One potential safeguard is Section 3C of the Immigration Act 1971, which extends a person’s leave while they await a decision on an in-time visa application. If a worker applies to switch sponsors or change visa categories before their curtailed leave expires, Section 3C kicks in, preventing them from becoming an overstayer. However, this protection hinges on eligibility and timing – applications must be valid and submitted before the deadline. It’s a critical buffer, but it’s not a permanent fix; the outcome depends on the Home Office’s decision of the new application.
Alternative Visa Options
Workers facing the loss of sponsorship may consider the following visa routes: •
Skilled Worker Visa with a New Sponsor:
Finding a new sponsor within the health and care sector is the most straightforward option, though competitive given the widespread licence revocations.
- Graduate Visa: Available for those who recently completed an eligible UK degree, offering a temporary solution to remain and work in the UK.
- Family Route: If married to or in a long-term relationship with a UK resident, switching to a partner visa may be possible.
- Global Talent, Innovator, or Start-up Visas: Depending on qualifications and entrepreneurial aspirations, some workers may qualify for these specialist routes.
- Student Visa: Pursuing further studies may provide an alternative way to remain in the UK legally.
The ILR Dilemma
For workers approaching five years in the UK (enough to qualify for Indefinite Leave to Remain (ILR)) a sponsor’s revocation can derail their settlement dreams. ILR under the Skilled Worker route requires continuous employment with a licensed sponsor, a salary meeting the relevant threshold and the “going rate”, and no absences exceeding 180 days per year. If a sponsor folds mid-journey, the clock doesn’t stop; workers must find another licensed employer to maintain continuity. Without this, their ILR application could collapse, forcing them to restart the five-year countdown elsewhere or under a different visa.
Future health and care visa applications
Amid this turmoil, a glimmer of optimism emerges. New proposals suggest including affected workers in a “talent pool” for future Health and Care visa applications. This initiative, still in consultation, could allow those with proven skills and experience to be fast-tracked for sponsorship by compliant employers, bypassing some of the usual hurdles. If implemented, it could offer thousands a chance to stay and contribute, rather than being cast adrift. If you have been affected by a sponsor licence revocation, acting quickly is crucial. Consider reaching out to the immigration team at Migrate UK info@migrarte-uk.com call us at +44 1235 645 800 to arrange your consultation